Francis T. Fahy, Plaintiff-appellant, v. the United States, Defendant-appellee, 864 F.2d 148 (Fed. Cir. 1988)

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U.S. Court of Appeals for the Federal Circuit - 864 F.2d 148 (Fed. Cir. 1988) Sept. 12, 1988

Before MAYER, Circuit Judge, NICHOLS, Senior Circuit Judge, and MICHEL, Circuit Judge.


Plaintiff, a Vietnam veteran, appeals the decision of the Claims Court (Yock, J.), 14 Cl.Ct. 470 (1988), dismissing his complaint for want of jurisdiction. He sought back pay allegedly due because his separation from federal employment was wrongful. He contended that he served, not by appointment, but by contract, and was separated in violation of that contract. This position is untenable for the reason stated by Judge Yock. As Fahy's petition to the Merit Systems Protection Board was previously dismissed for want of jurisdiction, and his complaint originally filed in United States District Court was transferred to the Claims Court because the back pay claimed exceeded the $10,000 jurisdictional limit of the district court, 28 U.S.C. § 1346(a) (2), the issue seems to be one on which Congress has not consented to be sued in any tribunal. We affirm on the basis of Judge Yock's opinion.